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Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world’s leading scholars. Designed
to be accessible yet rigorous, they offer concise and lucid surveys
of the substantive and policy issues associated with discrete
subject areas. This highly informative Advanced Introduction
explores the diverse and far-reaching legal implications of some of
the key findings of behavioral economics. Cass Sunstein, a leader
in this field, adopts an interdisciplinary approach to examining
cutting-edge topics such as air pollution and climate change;
public health and safety; pandemic response; occupational safety;
road safety; and contract, property, and tort law. This Advanced
Introduction provides a much-needed assessment and analysis of the
law as a critical domain for the use of behavioral economics, and
investigates how techniques including nudging, mandates, and taxes
can be used to enhance the effectiveness and improve the
implementation of the law. Key Features: Explains how legal systems
and governments employ behavioral economics Explores the crucial
relationship between law, behavioral economics and human welfare
Highlights the use of algorithms in law and policy, considering the
relationship between algorithms, noise and bias Examines key
concepts from behavioral economics including sludge, present bias,
loss aversion, unrealistic optimism, and anchoring This erudite
Advanced Introduction will be an essential read for legal students,
academics and researchers with an interest in behavioral economics,
public policy and economic psychology. Highlighting how behavioral
economics interacts with various other disciplines, it will also
prove valuable to professionals and practitioners working in law,
medicine, education and politics.
This timely Handbook offers a comprehensive examination of the
growing field of nudging and its impact on society. The editors,
Cass R. Sunstein and Lucia A. Reisch provide readers with a
detailed exploration of the theoretical and empirical work on
nudging, as well as an understanding of current and likely future
developments in the field. Divided into six key thematic parts, the
Handbook covers everything from the foundations of nudging to its
use in organizations. Top international scholars approach the
subject from multiple disciplines and perspectives, examining
current debates in the field, including the relationship between
nudges and freedom; nudges, behavioral biases, and noise; the
fundamental role of default rules and social norms; and how nudging
can enhance human welfare. Health, safety, poverty, employment, the
environment (including climate change), economic growth, health,
safety, and civil rights are among the subjects covered. The
Handbook concludes with a detailed look at contested ideas and
real-world policies, such as ethics and the policies of Covid-19,
as well as providing commentary on misconceptions about nudging.
This Handbook is an essential resource for scholars and students in
the fields of behavioural economics, public policy, law, public
administration, public health, food policy, and sustainable
development policy. The state-of-the-art practical insights into
nudging, as well as accessible style, also makes this an
invigorating read for practitioners.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world’s leading scholars. Designed
to be accessible yet rigorous, they offer concise and lucid surveys
of the substantive and policy issues associated with discrete
subject areas. This highly informative Advanced Introduction
explores the diverse and far-reaching legal implications of some of
the key findings of behavioral economics. Cass Sunstein, a leader
in this field, adopts an interdisciplinary approach to examining
cutting-edge topics such as air pollution and climate change;
public health and safety; pandemic response; occupational safety;
road safety; and contract, property, and tort law. This Advanced
Introduction provides a much-needed assessment and analysis of the
law as a critical domain for the use of behavioral economics, and
investigates how techniques including nudging, mandates, and taxes
can be used to enhance the effectiveness and improve the
implementation of the law. Key Features: Explains how legal systems
and governments employ behavioral economics Explores the crucial
relationship between law, behavioral economics and human welfare
Highlights the use of algorithms in law and policy, considering the
relationship between algorithms, noise and bias Examines key
concepts from behavioral economics including sludge, present bias,
loss aversion, unrealistic optimism, and anchoring This erudite
Advanced Introduction will be an essential read for legal students,
academics and researchers with an interest in behavioral economics,
public policy and economic psychology. Highlighting how behavioral
economics interacts with various other disciplines, it will also
prove valuable to professionals and practitioners working in law,
medicine, education and politics.
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Noise (Paperback)
Daniel Kahneman, Olivier Sibony, Cass R. Sunstein
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R330
R264
Discovery Miles 2 640
Save R66 (20%)
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Ships in 5 - 10 working days
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THE INTERNATIONAL BESTSELLER 'A monumental, gripping book ...
Outstanding' SUNDAY TIMES 'Noise may be the most important book
I've read in more than a decade. A genuinely new idea so
exceedingly important you will immediately put it into practice. A
masterpiece' Angela Duckworth, author of Grit 'An absolutely
brilliant investigation of a massive societal problem that has been
hiding in plain sight' Steven Levitt, co-author of Freakonomics
From the world-leaders in strategic thinking and the multi-million
copy bestselling authors of Thinking Fast and Slow and Nudge, the
next big book to change the way you think. We like to think we make
decisions based on good reasoning - and that our doctors, judges,
politicians, economic forecasters and employers do too. In this
groundbreaking book, three world-leading behavioural scientists
come together to assess the last great fault in our collective
decision-making: noise. We all make bad judgements more than we
think. Noise shows us what we can do to make better ones.
All over the world, private and public institutions have been
attracted to "nudges," understood as interventions that preserve
freedom of choice, but that steer people in particular directions.
The most effective nudges are often "defaults," which establish
what happens if people do nothing. For example, automatic
enrollment in savings plans is a default nudge, as is automatic
enrollment in green energy. Default rules are in widespread use,
but we have very little information about how people experience
them, whether they see themselves as manipulated by them, and
whether they approve of them in practice. In this book, Patrik
Michaelsen and Cass R. Sunstein offer a wealth of new evidence
about people's experiences and perceptions with respect to default
rules. They argue that this evidence can help us to answer
important questions about the effectiveness and ethics of nudging.
The evidence offers a generally positive picture of how default
nudges are perceived and experienced. The central conclusion is
simple: empirical findings strongly support the conclusion that,
taken as such, default nudges are both ethical and effective. These
findings, and the accompanying discussion, have significant
implications for policymakers in many nations, and also for the
private sector.
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Noise (Paperback)
Daniel Kahneman, Olivier Sibony, Cass R. Sunstein
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R291
R232
Discovery Miles 2 320
Save R59 (20%)
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Ships in 12 - 17 working days
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The Sunday Times bestseller ‘A monumental, gripping book …
Outstanding’ Sunday Times Wherever there is human judgement,
there is noise. ‘Noise may be the most important book I've read
in more than a decade. A genuinely new idea so exceedingly
important you will immediately put it into practice. A
masterpiece’ Angela Duckworth, author of Grit ‘An absolutely
brilliant investigation of a massive societal problem that has been
hiding in plain sight’ Steven Levitt, co-author of Freakonomics
From the world-leaders in strategic thinking and the multi-million
copy bestselling authors of Thinking Fast and Slow and Nudge, the
next big book to change the way you think. Imagine that two doctors
in the same city give different diagnoses to identical patients –
or that two judges in the same court give different sentences to
people who have committed matching crimes. Now imagine that the
same doctor and the same judge make different decisions depending
on whether it is morning or afternoon, or Monday rather than
Wednesday, or they haven’t yet had lunch. These are examples of
noise: variability in judgements that should be identical. In
Noise, Daniel Kahneman, Olivier Sibony and Cass R. Sunstein show
how noise produces errors in many fields, including in medicine,
law, public health, economic forecasting, forensic science, child
protection, creative strategy, performance review and hiring. And
although noise can be found wherever people are making judgements
and decisions, individuals and organizations alike commonly ignore
its impact, at great cost. Packed with new ideas, and drawing on
the same kind of sharp analysis and breadth of case study that made
Thinking, Fast and Slow and Nudge international bestsellers, Noise
explains how and why humans are so susceptible to noise and bias in
decision-making. We all make bad judgements more than we think.
With a few simple remedies, this groundbreaking book explores what
we can do to make better ones.
Winner of the 2021 Scribes Book Award From two legal luminaries, a
highly original framework for restoring confidence in a government
bureaucracy increasingly derided as “the deep state.†Is the
modern administrative state illegitimate? Unconstitutional?
Unaccountable? Dangerous? Intolerable? American public law has long
been riven by a persistent, serious conflict, a kind of low-grade
cold war, over these questions. Cass Sunstein and Adrian Vermeule
argue that the administrative state can be redeemed, as long as
public officials are constrained by what they call the morality of
administrative law. Law and Leviathan elaborates a number of
principles that underlie this moral regime. Officials who respect
that morality never fail to make rules in the first place. They
ensure transparency, so that people are made aware of the rules
with which they must comply. They never abuse retroactivity, so
that people can rely on current rules, which are not under constant
threat of change. They make rules that are understandable and avoid
issuing rules that contradict each other. These principles may seem
simple, but they have a great deal of power. Already, without
explicit enunciation, they limit the activities of administrative
agencies every day. But we can aspire for better. In more robust
form, these principles could address many of the concerns that have
critics of the administrative state mourning what they see as the
demise of the rule of law. The bureaucratic Leviathan may be an
inescapable reality of complex modern democracies, but Sunstein and
Vermeule show how we can at last make peace between those who
accept its necessity and those who yearn for its downfall.
*Once again a New York Times bestseller! First the original
edition, and now the new Final Edition* An essential new edition
revised and updated from cover to cover of one of the most
important books of the last two decades, by Nobel Prize winner
Richard H. Thaler and Cass R. Sunstein More than 2 million copies
sold Since the original publication of Nudge more than a decade
ago, the title has entered the vocabulary of businesspeople, policy
makers, engaged citizens, and consumers everywhere. The book has
given rise to more than 400 "nudge units" in governments around the
world and countless groups of behavioral scientists in every part
of the economy. It has taught us how to use thoughtful "choice
architecture"-a concept the authors invented-to help us make better
decisions for ourselves, our families, and our society. Now, the
authors have rewritten the book from cover to cover, making use of
their experiences in and out of government over the past dozen
years as well as an explosion of new research in numerous academic
disciplines. To commit themselves to never undertaking this
daunting task again, they are calling this the "final edition." It
offers a wealth of new insights, for both its avowed fans and
newcomers to the field, about a wide variety of issues that we face
in our daily lives-COVID-19, health, personal finance, retirement
savings, credit card debt, home mortgages, medical care, organ
donation, climate change, and "sludge" (paperwork and other
nuisances we don't want, and that keep us from getting what we do
want)-all while honoring one of the cardinal rules of nudging: make
it fun!
The completely updated, final edition of the global bestseller -
one of the most influential books of the 21st century 'Few books
can be said to have changed the world, but Nudge did. The Final
Edition is marvellous: funny, useful, and wise' Daniel Kahneman
Nudge has transformed the way individuals, companies and
governments look at the world - and in the process has become one
of the most important books of the twenty-first century. This
completely updated edition offers a wealth of new insights for fans
and newcomers alike - about COVID-19, diet, personal finance,
retirement savings, medical care, organ donation, and climate
change. Every day we make decisions: about the things we buy or the
meals we eat; about the investments we make and the time we spend;
about our health and that of the planet. Unfortunately, we often
choose badly. We are all susceptible to biases that can lead us to
make bad decisions that make us poorer, less healthy and less
happy. And, as Richard Thaler and Cass Sunstein show, no choice is
ever presented to us in a neutral way. But by knowing how people
think, we can make it easier for them to choose what is best for
themselves, for their families and for society. With brilliant
insight and wonderful levity, Thaler and Sunstein demonstrate how
best to nudge us in the right directions, without ever restricting
our freedom of choice.
A powerful analysis of why lies and falsehoods spread so rapidly
now, and how we can reform our laws and policies regarding speech
to alleviate the problem. Lying has been with us from time
immemorial. Yet today is different-and in many respects worse. All
over the world, people are circulating damaging lies, and these
falsehoods are amplified as never before through powerful social
media platforms that reach billions. Liars are saying that COVID-19
is a hoax. They are claiming that vaccines cause autism. They are
lying about public officials and about people who aspire to high
office. They are lying about their friends and neighbors. They are
trying to sell products on the basis of untruths. Unfriendly
governments, including Russia, are circulating lies in order to
destabilize other nations, including the United Kingdom and the
United States. In the face of those problems, the renowned legal
scholar Cass Sunstein probes the fundamental question of how we can
deter lies while also protecting freedom of speech. To be sure, we
cannot eliminate lying, nor should we try to do so. Sunstein shows
why free societies must generally allow falsehoods and lies, which
cannot and should not be excised from democratic debate. A main
reason is that we cannot trust governments to make unbiased
judgments about what counts as "fake news." However, governments
should have the power to regulate specific kinds of falsehoods:
those that genuinely endanger health, safety, and the capacity of
the public to govern itself. Sunstein also suggests that private
institutions, such as Facebook and Twitter, have a great deal of
room to stop the spread of falsehoods, and they should be
exercising their authority far more than they are now doing. As
Sunstein contends, we are allowing far too many lies, including
those that both threaten public health and undermine the
foundations of democracy itself.
The bestselling author of Simpler offers a powerful, provocative,
and convincing argument for protecting people from their own
mistakes Based on a series of pathbreaking lectures given at Yale
University in 2012, this powerful, thought-provoking work by
national best-selling author Cass R. Sunstein combines legal theory
with behavioral economics to make a fresh argument about the
legitimate scope of government, bearing on obesity, smoking,
distracted driving, health care, food safety, and other highly
volatile, high-profile public issues. Behavioral economists have
established that people often make decisions that run counter to
their best interests-producing what Sunstein describes as
"behavioral market failures." Sometimes we disregard the long term;
sometimes we are unrealistically optimistic; sometimes we do not
see what is in front of us. With this evidence in mind, Sunstein
argues for a new form of paternalism, one that protects people
against serious errors but also recognizes the risk of government
overreaching and usually preserves freedom of choice. Against those
who reject paternalism of any kind, Sunstein shows that "choice
architecture"-government-imposed structures that affect our
choices-is inevitable, and hence that a form of paternalism cannot
be avoided. He urges that there are profoundly moral reasons to
ensure that choice architecture is helpful rather than harmful-and
that it makes people's lives better and longer.
This Palgrave Pivot offers comprehensive evidence about what people
actually think of "nudge" policies designed to steer decision
makers' choices in positive directions. The data reveal that people
in diverse nations generally favor nudges by strong majorities,
with a preference for educative efforts - such as calorie labels -
that equip individuals to make the best decisions for their own
lives. On the other hand, there are significant arguments for
noneducational nudges - such as automatic enrollment in savings
plans - as they allow people to devote their scarce time and
attention to their most pressing concerns. The decision to use
either educative or noneducative nudges raises fundamental
questions about human freedom in both theory and practice.
Sunstein's findings and analysis offer lessons for those involved
in law and policy who are choosing which method to support as the
most effective way to encourage lifestyle changes.
From New York Times bestselling author Cass Sunstein, a timely and
powerful argument for rethinking how the U.S. Constitution is
interpreted The U.S. Supreme Court has eliminated the right to
abortion and is revisiting other fundamental questions
today—about voting rights, affirmative action, gun laws, and much
more. Once-arcane theories of constitutional interpretation are
profoundly affecting the lives of all Americans. In this brief and
urgent book, Harvard Law School professor Cass Sunstein provides a
lively introduction to competing approaches to interpreting the
Constitution—and argues that the only way to choose one is to ask
whether it would change American life for the better or worse. If a
method of interpretation would eliminate the right of privacy,
allow racial segregation, or obliterate free speech, it would be
unacceptable for that reason. But some Supreme Court justices are
committed to “originalism,†arguing that the meaning of the
Constitution is settled by how it was publicly understood when it
was ratified. Originalists insist that their approach is dictated
by the Constitution. That, Sunstein argues, is a big mistake. The
Constitution doesn’t contain instructions for its own
interpretation. Any approach to constitutional interpretation needs
to be defended in terms of its broad effects—what it does to our
rights and our institutions. It must respect those rights and
institutions—and safeguard the conditions for democracy itself.
Passionate and compelling, How to Interpret the Constitution is
essential reading for anyone who is concerned about how the Supreme
Court is changing the rights and lives of Americans today.
Bestselling author Cass R. Sunstein reveals the appeal and the
danger of conformity We live in an era of tribalism, polarization,
and intense social division-separating people along lines of
religion, political conviction, race, ethnicity, and sometimes
gender. How did this happen? In Conformity, Cass R. Sunstein argues
that the key to making sense of living in this fractured world lies
in understanding the idea of conformity-what it is and how it
works-as well as the countervailing force of dissent. An
understanding of conformity sheds new light on many issues
confronting us today: the role of social media, the rise of fake
news, the growth of authoritarianism, the success of Donald Trump,
the functions of free speech, debates over immigration and the
Supreme Court, and much more. Lacking information of our own and
seeking the good opinion of others, we often follow the crowd, but
Sunstein shows that when individuals suppress their own instincts
about what is true and what is right, it can lead to significant
social harm. While dissenters tend to be seen as selfish
individualists, dissent is actually an important means of
correcting the natural human tendency toward conformity and has
enormous social benefits in reducing extremism, encouraging
critical thinking, and protecting freedom itself. Sunstein
concludes that while much of the time it is in the individual's
interest to follow the crowd, it is in the social interest for
individuals to say and do what they think is best. A
well-functioning democracy depends on it.
In recent years, 'nudge units' or 'behavioral insights teams' have
been created in the United States, the United Kingdom, Germany, and
other nations. All over the world, public officials are using the
behavioral sciences to protect the environment, promote employment
and economic growth, reduce poverty, and increase national
security. In this book, Cass R. Sunstein, the eminent legal scholar
and best-selling co-author of Nudge (2008), breaks new ground with
a deep yet highly readable investigation into the ethical issues
surrounding nudges, choice architecture, and mandates, addressing
such issues as welfare, autonomy, self-government, dignity,
manipulation, and the constraints and responsibilities of an
ethical state. Complementing the ethical discussion, The Ethics of
Influence: Government in the Age of Behavioral Science contains a
wealth of new data on people's attitudes towards a broad range of
nudges, choice architecture, and mandates.
Many "nudges" aim to make life simpler, safer, or easier for people
to navigate, but what do members of the public really think about
these policies? Drawing on surveys from numerous nations around the
world, Sunstein and Reisch explore whether citizens approve of
nudge policies. Their most important finding is simple and
striking. In diverse countries, both democratic and nondemocratic,
strong majorities approve of nudges designed to promote health,
safety, and environmental protection-and their approval cuts across
political divisions. In recent years, many governments have
implemented behaviorally informed policies, focusing on
nudges-understood as interventions that preserve freedom of choice,
but that also steer people in certain directions. In some circles,
nudges have become controversial, with questions raised about
whether they amount to forms of manipulation. This fascinating book
carefully considers these criticisms and answers important
questions. What do citizens actually think about behaviorally
informed policies? Do citizens have identifiable principles in mind
when they approve or disapprove of the policies? Do citizens of
different nations agree with each other? From the answers to these
questions, the authors identify six principles of legitimacy-a
"bill of rights" for nudging that build on strong public support
for nudging policies around the world, while also recognizing what
citizens disapprove of. Their bill of rights is designed to capture
citizens' central concerns, reflecting widespread commitments to
freedom and welfare that transcend national boundaries.
Wherever there is human judgment, there is noise.
Imagine that two doctors in the same city give different diagnoses to
identical patients – or that two judges in the same court give
different sentences to people who have committed matching crimes. Now
imagine that the same doctor and the same judge make different
decisions depending on whether it is morning or afternoon, or Monday
rather than Wednesday, or they haven’t yet had lunch. These are
examples of noise: variability in judgments that should be identical.
In Noise, Daniel Kahneman, Olivier Sibony and Cass R. Sunstein show how
noise produces errors in many fields, including in medicine, law,
public health, economic forecasting, forensic science, child
protection, creative strategy, performance review and hiring. And
although noise can be found wherever people are making judgments and
decisions, individuals and organizations alike commonly ignore its
impact, at great cost.
Packed with new ideas, and drawing on the same kind of sharp analysis
and breadth of case study that made Thinking, Fast and Slow and Nudge
international bestsellers, Noise explains how and why humans are so
susceptible to noise and bias in decision-making. We all make bad
judgments more than we think. With a few simple remedies, this
groundbreaking book explores what we can do to make better ones.
Originally published in 1967, the modest and plainly descriptive
title of Development Projects Observed is deceptive. Today, it is
recognized as the ultimate volume in Hirschman's groundbreaking
trilogy on development, and as the bridge to the broader social
science themes of his subsequent writings. Though among his
lesser-known works, this unassuming tome is one of his most
influential. It is in this book that Hirschman first shared his now
famous "Principle of the Hiding Hand." In an April 2013 New Yorker
issue, Malcolm Gladwell wrote an appreciation of the principle,
described by Cass Sunstein in the book's new foreword as "a bit of
a trick up history's sleeve." It can be summed up as a phenomenon
in which people's inability to foresee obstacles leads to actions
that succeed because people have far more problem-solving ability
that they anticipate or appreciate. And it is in Development
Projects Observed that Hirschman laid the foundation for the core
of his most important work, Exit, Voice, and Loyalty, and later led
to the concept of an "exit strategy."
The most controversial essays from the bestselling author once
called the most dangerous man in America collected for the first
time.
From Cass R. Sunstein, bestselling author of "Nudge "and
"Simpler," comes a collection of thought-provoking essays that have
sparked a powder keg of debate from Glenn Beck to major political
pundits. In the years leading up to his confirmation as the
Administrator of the White House Office of Information and
Regulatory Affairs (OIRA), Sunstein wrote about everything from
marriage equality to cost-benefit analysis to animal rights. Here,
in one wildly entertaining volume, are his most famous, most
infamous, and most provocative pieces.
You ll learn why Sunstein believes that even rational people
believe in crazy conspiracy theories, what America should "and"
"shouldn t" do about climate change, whether we should accept a
Second Bill of Rights, how to strike a balance between religious
freedom and gender equality, whether animals should have the right
to sue, and much more. Whether you re a Democrat or Republican,
liberal or conservative, Occupier or Tea Partier, you ll find
something here to challenge you, provoke you, or downright enrage
you. Welcome to the dangerous world of Cass Sunstein.
Winner of the Scribes Book Award "As brilliantly imaginative as it
is urgently timely." -Richard H. Fallon, Jr., Harvard Law School
"At no time more than the present, a defense of expertise-based
governance and administration is sorely needed, and this book
provides it with gusto." -Frederick Schauer, author of The Proof A
highly original framework for restoring confidence in a government
bureaucracy increasingly derided as "the deep state." Is the modern
administrative state illegitimate? Unconstitutional? Unaccountable?
Dangerous? America has long been divided over these questions, but
the debate has recently taken on more urgency and spilled into the
streets. Cass Sunstein and Adrian Vermeule argue that the
administrative state can be redeemed so long as public officials
are constrained by morality and guided by stable rules. Officials
should make clear rules, ensure transparency, and never abuse
retroactivity, so that current guidelines are not under constant
threat of change. They should make rules that are understandable
and avoid issuing contradictory ones. These principles may seem
simple, but they have a great deal of power. Already, they limit
the activities of administrative agencies every day. In more robust
form, they could address some of the concerns of critics who decry
the "deep state" and yearn for its downfall. "Has something to
offer both critics and supporters...a valuable contribution to the
ongoing debate over the constitutionality of the modern state."
-Review of Politics "The authors freely admit that the
administrative state is not perfect. But, they contend, it is far
better than its critics allow." -Wall Street Journal
"Over the past two decades, the United States has seen an intense
debate about the composition of the federal judiciary. Are judges
""activists""? Should they stop ""legislating from the bench""? Are
they abusing their authority? Or are they protecting fundamental
rights, in a way that is indispensable in a free society? Are
Judges Political? cuts through the noise by looking at what judges
actually do. Drawing on a unique data set consisting of thousands
of judicial votes, Cass Sunstein and his colleagues analyze the
influence of ideology on judicial voting, principally in the courts
of appeal. They focus on two questions: Do judges appointed by
Republican Presidents vote differently from Democratic appointees
in ideologically contested cases? And do judges vote differently
depending on the ideological leanings of the other judges hearing
the same case? After examining votes on a broad range of
issues--including abortion, affirmative action, and capital
punishment--the authors do more than just confirm that Democratic
and Republican appointees often vote in different ways. They inject
precision into an all-too-often impressionistic debate by
quantifying this effect and analyzing the conditions under which it
holds. This approach sometimes generates surprising results: under
certain conditions, for example, Democrat-appointed judges turn out
to have more conservative voting patterns than Republican
appointees. As a general rule, ideology should not and does not
affect legal judgments. Frequently, the law is clear and judges
simply implement it, whatever their political commitments. But what
happens when the law is unclear? Are Judges Political? addresses
this vital question. "
What is the relationship between fear, danger, and the law? Cass
Sunstein attacks the increasingly influential Precautionary
Principle - the idea that regulators should take steps to protect
against potential harms, even if causal chains are uncertain and
even if we do not know that harms are likely to come to fruition.
Focusing on such problems as global warming, terrorism, DDT, and
genetic engineering, Professor Sunstein argues that the
Precautionary Principle is incoherent. Risks exist on all sides of
social situations, and precautionary steps create dangers of their
own. Diverse cultures focus on very different risks, often because
social influences and peer pressures accentuate some fears and
reduce others. Instead of adopting the Precautionary Principle,
Professor Sunstein argues for three steps: a narrow
Anti-Catastrophe Principle, designed for the most serious risks;
close attention to costs and benefits; and an approach called
'libertarian paternalism', designed to respect freedom of choice
while also moving people in directions that will make their lives
go better. He also shows how free societies can protect liberty
amidst fears about terrorism and national security. Laws of Fear
represents a major statement from one of the most influential
political and legal theorists writing today.
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